Although many people have medical marijuana cards in which they can legally purchase and possess marijuana, such activities are illegal outside of this legalized process. With such hot and cold views of marijuana, the laws surrounding marijuana crimes can be confusing to say the least. Nevertheless, a marijuana arrest is serious and a conviction can ruin your career, finances, personal life, and more.
Ventura marijuana defense lawyer Daniel E. Kann has years of experience successfully defending the rights of those arrested for a wide range of marijuana crimes. Showing his clients compassion, Dan gets to know a person's specific case inside and out so that when applying effective defense strategies in court, he can be both aggressive and reasonable with judges and prosecutors.
The Wide Scope of Marijuana Crimes
You don't have to be caught smoking a joint to be arrested for a marijuana crime. Being in possession of less than an ounce, referred to as Simple Possession of Marijuana, is enough for a person to face criminal charges. As an infraction, this crime can be dismissed if a person has a valid doctor's recommendation since a person is permitted to have up to eight ounces of marijuana with verification of an official medical marijuana card.
If someone is accused of transporting over half of an ounce of marijuana and they don't have a doctor's recommendation, the criminal charges filed can be more serious. These charges can include Transportation of Marijuana or Possession of Marijuana with Intent to Sell. Other factors that could lead to a Sales charge as opposed to a Simple Possession Charge could be seizure by police upon a search incident to an arrest of a scale, baggies, a large sum of cash, and multiple cell phones. Selling marijuana or the intent to sell marijuana is charged as a felony. The types of marijuana crimes in California are as follows:
- Sale or Transportation of Marijuana - Health & Safety Code 11360
- Possession of Marijuana for Sale - Health & Safety Code 11359
- Marijuana Cultivation - Health & Safety Code 11358
- Marijuana Possession for Personal Use (less than an ounce) - Health & Safety Code 11357(b)
- Possession of Concentrated Cannabis (Hashish) - Health & Safety Code 11357 (a)
- California DUI involving Marijuana - California Vehicle Code 23152(a)
- Driving in Possession of Marijuana - California Vehicle Code 23222(b)
For individual medical reasons, a person has restricted authorization to cultivate marijuana according to the Compassionate Use Act of 1996 and Senate Bill 420.
Wobbler Crimes and Drug Diversion Programs
A handful of marijuana crimes may be charged as misdemeanors or felonies. These types of crimes are referred to as "wobblers." A skilled defense lawyer will examine the specifics of your situation to determine if your felony marijuana charge can be reduced to a misdemeanor with the prosecutor's or judge's agreement or dismissed altogether. Your attorney can also help you determine whether or not you qualify for a drug diversion program under Penal Code Section 1000, also known as PC-1000 or Deferred Entry of Judgment (DEJ) or another program known as Proposition 36. Upon successful completion of either of these programs, jail or prison time can be avoided and the charge would ultimately be dismissed.
Refer to our Drug Diversion webpage on this website for additional information on the PC-1000 and Proposition 36 diversion programs.
Don't Sacrifice Your Future
A marijuana conviction can be the end to many things, but it doesn't have to be. With an aggressive and knowledgeable Ventura marijuana crime attorney fighting for you, you don't have to sacrifice your dreams and hopes for the future. Daniel E. Kann has been handling marijuana crime cases for years, providing his clients with the effective defense strategies that they need to obtain a favorable outcome. To learn more about how Dan can defend your rights, call (805) 290-4932 today for a free, confidential consultation.